Dobie v. Fidelity & Casualty Co.
Cases that cite this one
13 later published cases cite this decision.
- United States of America, and Cross-Appellee v. Atlantic Coast Line Railroad Company, and Cross-Appellant, and Mary Lou Mintz (4th Cir. 1956)
- Woodward v. Hollis (Colo. 1933)
- L.A. Rock & Gravel Co. v. Coast Constr. Co. (Cal. 1921)
- C. H. Little Co. v. L. P. Hazen Co. (Mich. 1915)
- Warren Webster & Co. v. Beaumont Hotel Co. (Wis. 1912)
- Pavarini & Wyne, Inc. v. Title Guaranty & Surety Co. (D.C. Cir. 1911)
- St. Croix Timber Co. v. Joseph (Wis. 1910)
- Fidelity & Deposit Co. of Maryland v. Shaid (W. Va. 1927)
- Commonwealth Trust Co. of Pittsburgh v. Citizens National Bank of Connellsville (W. Va. 1925)
- Level Land Co. No. 3 v. Sivyer (Wis. 1901)
- Momsen v. Noyes (Wis. 1900)
- Ellis v. Southwestern Land Co. (Wis. 1900)
- Roberts v. American Bonding & Trust Co. (Ill. App. Ct. 1899)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The question presented is whether the complaint states a cause of action. The action is by a surety to compel his principal to pay the debt for which both are liable, for the exoneration of the surety. It is ultimately the defendant’s liability. That party is the principal debtor, who is ultimately liable for the debt. The question is whether a surety can, in equity, compel his principal to exonerate him from liability, by extinguishing the obligation, without having first paid it himself. It seems to be well settled that a surety against whom a judgment has been rendered may, without making payment himself, proceed in
By the Court.— The judgment of the circuit court for Douglas county is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.